11th Cir. IOP 1 (FRAP 34)

When the last brief is filed an appeal is sent to the office of staff

attorney for classification. If the staff attorney is of the opinion that the appeal of a party does not

warrant oral argument, the appeal is returned to the clerk for routing to one of the court’s judges,

selected in rotation. In appeals involving multiple parties, the staff attorney may recommend that

appeals of fewer than all parties be decided without oral argument but that the appeals of the

remaining parties be scheduled for oral argument. If the judge to whom an appeal is directed for

such consideration agrees that the appeal of a party does not warrant oral argument, that judge

forwards the briefs, together with a proposed opinion, to the two other judges on the non-argument

panel. If a party requests oral argument, all panel judges must concur not only that the appeal of

that party does not warrant oral argument, but also in the panel opinion as a proper disposition

without any special concurrence or dissent. If a party does not request oral argument, all panel

judges must concur that the appeal of that party does not warrant oral argument.

In other appeals, when oral argument is requested by a party and the staff attorney is of the

opinion that oral argument should be heard, the staff attorney may recommend that an appeal be

assigned to the oral argument calendar, subject to later review by the assigned oral argument panel.

If a determination is made that oral argument should be heard, the appeal is placed on the

next appropriate calendar, consistent with the court’s calendaring priorities. At that time a

determination is made of the oral argument time to be allotted to each side.

The assignment of an appeal to the non-argument calendar does not mean that it is

considered to be an appeal of less importance than an orally argued appeal.